CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Court Control of Proceedings
......Objections
.........Effect of Failure to Object
11 Cards On This Topic:
  • Reversal for erroneous admission requires objection and determination of miscarriage of justice.
  • D's failure to specifically object to population frequency testimony on specific grounds deprived DA of opportunity either to present other or to defend its decision not to.
  • Appeal of an HIV testing order on basis there was no express probable cause finding or docket notation is subject to general rule requiring a timely objection.
  • Since involuntary HIV testing is strictly limited by statute and PC 1202.1 conditions testing order on probable cause finding, D may challenge sufficiency of evidence even in absence of trial court objection.
  • Because D did not object to victim photos used in questioning witnesses, he failed to preserve issue for appeal; even if preserved, testimony relevant and admissible.
  • D did not waive objection to testimony by not raising at trial where co-Ds did so object and parties had stipulated an objection by one D would be deemed made by all.
  • As D did not object to DA’s cross-exam of expert at trial, claim could only be raised on habeas corpus, not appeal.
  • While pre-arraignment interrogation violated D's right to counsel, its admission was not error where no objection was raised below.
  • Court of Appeal could consider instructional error on reasonable doubt even though D did not object below.
  • Failure to promptly or properly object to inadmissible evidence waives objection.
  • Effect of failure to object to improper admission of evidence.